APHC010506872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27275/2025 Between: 1. K V S V PRASADA RAO, S/O. SURYA CHANDRA RAO, AGED ABOUT 66 YEARS, OCC CONTRACTOR, R/O. D.N0.1-43B, KAMUJAVARILANKA, AMBAJIPETA MANDAL EAST GODAVARI DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY- FINANCE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER SE, PR CIRCLE - MACHILIPATNAM, OPP. PWD GROUNDS, VIJAYAWADA, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER F A C, GODAVARI CENTRAL DIVISION WATER RESOURCES DEPARTMENT, AMALAPURAM, EAST GODAVARI 2 VS,J W.P.NO.27275 OF 2025 DISTRICT. 5. THE ASST ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SUB DIVISION, AMALAPURAM, EAST GODAVARI DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER DY EE, WATER RESOURCES DEPARTMENT, IRRIGATION SUB DIVISION, AMALAPURAM, EAST GODAVARI DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, WORKS ACCOUNTS, IBRAHIMPATNAM VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the action of the respondents in not making the payments covered under the work orders a.Rs. 4,06,697/- (Four Lakhs Six Thousand Six Hundred Ninety Seven rupees) after deducting the various fees for Dr.No.68/24-25 and LS.No.44/24-25. b.Rs. 3,53,935/- (Three Lakhs Fifty Three Thousand Nine Hundred Thirty Five rupees) after deducting the various fees for Dr.No.89/24-25 and LS.No.45/24-25. c.Rs. 3,31,890/- (Three Lakhs Thirty One Thousand Eight Hundred Ninety rupees) after deducting the various fees for Dr.No.90/24- 25 and LS.No.46/24-25. d.Rs. 3,55,444/- (Three Lakhs Fifty Five Thousand Four Hundred Forty Four rupees) after deducting the various fees for Dr.No.96/24-25 and LS.No.47/24-25. e.Rs. 3,60,239/- (Three Lakhs Sixty Thousand Two Hundred Thirty Nine rupees) after deducting the various fees for Dr.No.99/24-25 and LS.N0.48/24-25. f) Rs. 3,60,239/- (Three Lakhs Sixty Thousand Two Hundred Thirty Nine rupees) after deducting the various fees for Dr.No. 100/24-25 and LS.No.49/24-25. g) Rs. 2,52,426/- (Two Lakhs Fifty Two Thousand Four Hundred 3 VS,J W.P.NO.27275 OF 2025 Twenty Six rupees) after deducting the various fees for Dr.No.94/24-25 and LS.No.84/24-25. h) Rs. 2,04,327/- (Two Lakh Four Thousand Three Hundred Twenty Seven rupees) after deducting the various fees for Dr.No.98/24-25 and LS.No.85/24- 25 respectively (Total amount of Rs.26,25,197/- Twenty Six Lakhs Twenty Five Thousand One Hundred Ninety Seven rupees) though the petitioner submitted bill certificates as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents to clear the bills covered under Eight work orders in Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/857M dated 23.07.2024 D.R.No.68/2024-25 Rs. 4,06,697/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/858M dated 23.07.2024 D.R.No.89/2024-25 Rs. 3,53,935/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/859M dated 23.07.2025 D.R.No.90/2024-25 Rs. 3,31,890/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/860M dated 23.07.2024 D.R.No.96/2024-25 Rs. 3,55,444/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/861M dated 23.07..2024 D.R.No.99/2024-25 Rs. 3,60,239/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/862M dated 23.07.2024 D.R.No.100/2024-25 Rs. 3,60,239/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/968(A)M dated 13.08.2024 D.R.No.94/2024-25 Rs. 2,52,426/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/969(A)M dated 13.08.2024 D.R.No.98/2024-25 Rs. 2,04,327/-, respectively by raising the forthwith and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim direction directing the respondents to clear the bills covered under the Eight work orders in Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/857M dated 23.07.2024 D.R.No.68/ 2024-25 Rs.4,06,697/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O- 4 VS,J W.P.NO.27275 OF 2025 2/858M dated 23.07.2024 D.R.No.89/2024-25 Rs.3,53,935/-, Letter No.EE/G.C.D/A.M.P/D.B/J.T.0-2/859M dated 23.07.2025 D.R.No.90/ 2024-25 Rs.3,31,890/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O- 2/860M dated 23.07.2024 D.R.No.96/2024-25 Rs.3,55,444/-, Letter No.EE/G.C.D/A.M.P/D.B/J.T.0-2/861M dated 23.07..2024 D.R.No.99/2024-25 Rs.3,60,239/-, Letter No. EE/G.C.D/ A.M.P/D.B/ J.T.O-2/862M dated 23.07.2024 D.R.No. 100/2024- 25 Rs.3,60,239/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O- 2/968(A)M dated 13.08.2024 D.R.No.94/2024-25 Rs.2,52,426/-, Letter No. EE/G.C.D/A.M.P/ D.B/J.T.O-2/969(A)M dated 13.08.2024 D.R.No.98/2024-25 Rs. 2,04,327/-, Total amount of Rs.26,25,197/- (Twenty Six Lakhs Twenty Five Thousand One Hundred Ninety Seven rupee) to the petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. SUNITHA DEVI CH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 5 VS,J W.P.NO.27275 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents in not making the payments covered under the work orders a. Rs. 4,06,697/- (Four Lakhs Six Thousand Six Hundred Ninety Seven rupees) after deducting the various fees for Dr.No.68/24-25 and LS.No.44/24-25. b. Rs. 3,53,935/- (Three Lakhs Fifty Three Thousand Nine Hundred Thirty Five rupees) after deducting the various fees for Dr.No.89/24-25 and LS.No.45/24-25. c. Rs.3,31,890/- (Three Lakhs Thirty One Thousand Eight Hundred Ninety rupees) after deducting the various fees for Dr.No.90/24-25 and LS.No.46/24-25. d. Rs.3,55,444/- (Three Lakhs Fifty Five Thousand Four Hundred Forty Four rupees) after deducting the various fees for Dr.No.96/24-25 and LS.No.47/24-25. e. Rs.3,60,239/- (Three Lakhs Sixty Thousand Two Hundred Thirty Nine rupees) after deducting the various fees for Dr.No.99/24-25 and LS.N0.48/24-25. f) Rs.3,60,239/- (Three Lakhs Sixty Thousand Two Hundred Thirty Nine rupees) after deducting the various fees for Dr.No. 100/24-25 and LS.No.49/24-25. g) Rs. 2,52,426/- (Two Lakhs Fifty Two Thousand Four Hundred Twenty Six rupees) after deducting the various fees for Dr.No.94/24-25 and LS.No.84/24-25. h) Rs. 2,04,327/- (Two Lakh Four Thousand Three Hundred Twenty Seven rupees) after deducting the various fees for Dr.No.98/24-25 and LS.No.85/24-25 respectively (Total amount of Rs.26,25,197/- Twenty Six Lakhs 6 VS,J W.P.NO.27275 OF 2025 Twenty Five Thousand One Hundred Ninety Seven rupees) though the petitioner submitted bill certificates as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and further direct the respondents to clear the bills covered under Eight work orders in Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/857M dated 23.07.2024 D.R.No.68/2024-25 Rs.4,06,697/-, Letter No.EE/G.C.D/A.M.P/D.B/J.T.O-2/858M dated 23.07.2024 D.R.No.89/2024-25 Rs.3,53,935/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/859M dated 23.07.2025 D.R.No.90/2024-25 Rs.3,31,890/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/860M dated 23.07.2024 D.R.No.96/2024-25 Rs.3,55,444/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/861M dated 23.07.2024 D.R.No.99/2024-25 Rs.3,60,239/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/862M dated 23.07.2024 D.R.No.100/2024-25 Rs.3,60,239/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/968(A)M dated 13.08.2024 D.R.No.94/2024-25 Rs.2,52,426/-, Letter No. EE/G.C.D/A.M.P/D.B/J.T.O-2/969(A)M dated 13.08.2024 D.R.No.98/2024-25 Rs. 2,04,327/- , respectively by raising the forthwith...” 2. The petitioner had been awarded the contract of work(s) by the Irrigation Department. After execution of the said contract, the respondents also issued quality control certificates to a tune of Rs.3,66,195/-, Rs.3,18,685/-, Rs.2,98,834/-, Rs.3,20,045/-, Rs.3,24,362/-, Rs.3,24,362/-, Rs.2,28,769/- and Rs.1,83,979/- respectively. As the payment of the said amounts has not been 7 VS,J W.P.NO.27275 OF 2025 made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 5. On the other hand, learned Government Pleader placed oral instructions stated that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner, however, admitted the amount payable to the petitioner as per the quality control certificates filed by the petitioner to a tune of Rs.3,66,195/-, Rs.3,18,685/-, Rs.2,98,834/-, Rs.3,20,045/-, Rs.3,24,362/-, Rs.3,24,362/-, Rs.2,28,769/- and Rs.1,83,979/- respectively. 8 VS,J W.P.NO.27275 OF 2025 6. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount to the petitioner in accordance with the quality control certificates dated 16.09.2025, 12.06.2025 issued by the respondents within a period of five (05) months from the date of receipt of a copy of this order. No costs. 7. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment of interest upon any amount which is due and payable, the same is binding upon both the parties. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :28.10.2025 LSP 9 VS,J W.P.NO.27275 OF 2025 177 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27475/2025 28.10.2025 LSP